Frankenheimer v. Slocum
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. John A. Cuthbert. The appellant sued Slocum &, Henderson in assumpsit, the writ being issued on the 11th of March, 1852. Afterwards, on the 24th of January, 1853, he sued out an ancillary attachment in the cause, which, on motion of the defendants, was quashed, because the affidavit was made before an officer (the circuit judge) who was not authorized by law to administer the same ; and this judgment is now…
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Appeal from the Circuit Court of Monroe. Tried before the Hon. John A. Cuthbert. The appellant sued Slocum &, Henderson in assumpsit, the writ being issued on the 11th of March, 1852. Afterwards, on the 24th of January, 1853, he sued out an ancillary attachment in the cause, which, on motion of the defendants, was quashed, because the affidavit was made before an officer (the circuit judge) who was not authorized by law to administer the same ; and this judgment is now assigned for error.
1Opinion of the CourtChilton, C. J.
The question presented by the record in this case is, whether, if an action be commenced by ordinary process before the Code went into operation, and an ancillary attachment be sued out afterwards, such latter proceeding should be governed by the Code, or should issue in conformity to the old law, which, it is admitted, must govern the principal action.
It is provided by the old law, that when such attachment, affidavit and bond shall be returned, they shall be filed with the papers in the original suit, and shall constitute a part thereof, and the plaintiff in said suit may proceed to…
2Cases cited1 opinion
- Mazange v. SlocumSupreme Court of Alabama · 1853
3Cited by1 opinion
- Huey v. StateSupreme Court of Alabama · 1858